KUALA LUMPUR: Datuk Seri Najib Razak (pic), who is accused of the misappropriation of RM42mil in SRC International Sdn Bhd funds, had been misrepresented about the transactions and actual balances in his accounts, which were manipulated by third parties without his knowledge and approval.
Lead counsel Tan Sri Muhammad Shafee Abdullah told the High Court that his client was not involved in any corrupt arrangement involving the said funds, and did not solicit any bribe from any person.
“The RM42mil transferred into his account was done without his knowledge or involvement and was not a form of gratification related to any act of Najib vis-à-vis SRC, ” he said here on Tuesday (Dec 3).
Shafee, who was reading the defence opening statement, said the manner in which cheques were issued from Najib’s account versus the actual balances of the said accounts leaned in favour of a clear inference that Najib was not being accurately told of the real balances in the accounts.
“The same is fortified by the other contemporaneous evidence, which revealed that there was a scheme in place to ensure that Najib was unaware of the actual transactions in his accounts, ” he added.
The defence contended that the evidence, as a whole, did not support the inference that the RM42mil was gratification which Najib was paid, either by himself or through any other party as part of a corrupt arrangement.
“Najib did not lodge a police report or raise complaints about the transactions in his accounts given that the subject matter was already by that stage being investigated by the authorities and he chose instead to respect the process and integrity on the then on-going investigations, ” Shafee added.
The lawyer said the defence would present evidence to establish that, among others, Najib did not misuse his office, did not have interest in SRC International, was never an agent or director of SRC International, and did not misappropriate the funds, either directly or indirectly.
The hearing continues with Najib taking the stand as the defence first witness.
On Nov 11, Justice Mohd Nazlan Mohd Ghazali ordered for the 66-year-old Pekan MP to enter his defence, after ruling that the prosecution had proven a prima facie case against him.
Najib had chosen to give sworn evidence in his defence trial.
This would mean that Najib is subjected to cross-examination by the prosecution.
Najib is accused of seven charges involving the misappropriation of RM42mil in SRC International funds.
On July 4, last year, Najib claimed trial to a charge of abuse of power and three counts of criminal breach of trust (CBT) linked to the 1MDB scandal.
He allegedly misappropriated RM42mil in funds belonging to SRC International.
On Aug 8,2018, he appeared in court again for the second time, and was charged with three counts of money laundering involving the same RM42mil.
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